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Thursday, October 31, 2013

School board takes “I ♥ boobies” bracelets to Supreme Court

The "I ♥ Boobies!" bracelets are heading to the Supreme Court! Indeed, after the Third Circuit ruled it could not ban the bracelets, a Pennsylvania school district has voted 7-1 to appeal the decision. The district claims that the ruling compromised the disciplinary authority of the school. I wonder, however, whether that authority has been so weakened so as to justify the district's expenditure of taxpayer dollars to continue the fight. No matter, at least the district's students are having the opportunity to learn about the First Amendment.

The USA Today reports:

A Pennsylvania school district says it will take its fight against "I (heart) Boobies!" bracelets to the U.S. Supreme Court.


The Easton Area School District board voted 7-1 Tuesday night to appeal a decision rejecting its claim the bracelets are lewd and should be banned from school.


The 3rd U.S. Circuit Court of Appeals also determined the district didn't prove the bracelets are disruptive when it upheld a lower court's decision in August.


The bracelets are designed to promote breast cancer awareness among young people. Two girls challenged the school's ban in 2010.


Superintendent John Reinhart tells The Express-Times of Easton the ruling compromised administrators' ability to determine what is and is not appropriate in school.


Dissenting board member Frank Pintabone says the district should let the matter go.

 

http://lawprofessors.typepad.com/civil_rights/2013/10/school-board-takes-i-boobies-bracelets-to-supreme-court-1-1-1-1.html

First Amendment, Freedom of Speech, Schools | Permalink

Comments

The students need to assert the aspect of the First Amendment regarding petitioning the government for redress of grievances and not just free speech or free assembly, They need to assert all three prongs of the First Amendment in the appeal to the Supreme Court.

Posted by: Liberty1st | Oct 31, 2013 6:11:25 PM

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